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that is inaccurate or no longer valid or made a false statement or misrepresentation <br />of a material fact in the application or plans upon which the permit or approval <br />was based. <br />(5) Expiration. A floodplain development permit issued under this chapter shall <br />expire one year from the date of approval if construction has not commenced, or <br />two years from the date of approval, if construction has not been completed. <br />Sec. 39.030. Variance and appeal procedures. <br />(1) The planning and zoning commission will hear and decide requests for variances from <br />the requirements of this chapter aft-iele. The variance shall be supported by a statement <br />of justification prepared by a registered professional engineer licensed in the State of <br />Texas. <br />(2) The director will hear and decide appeals only when it is alleged that an error in any <br />requirement, decision, or determination is made by the floodplain administrator in the <br />enforcement or administration of this chapter Vie. <br />(3) Any person aggrieved by the decision of the director or the planning and zoning <br />commission may appeal the decision to a court of competent jurisdiction. <br />(4) Variances may only be granted when there is: <br />(a) A showing of good and sufficient cause; <br />(b) A determination that failure to grant the variance would result in exceptional <br />hardship; and <br />(c) A determination that the granting of a variance will not result in increased flood <br />heights, additional threats to public expense, create a nuisance, cause fraud on or <br />victimization of the public, or conflict with existing local laws or ordinances. <br />(5) Variances may only be granted for the minimum necessary deviation from the <br />standards in this article to afford the requested relief. <br />(6) Variances will not be granted within any designated regulatory floodway if any <br />increase in flood levels during the base flood discharge would result. <br />(7) Variances may be issued for the repair or rehabilitation of historic structures if the <br />proposed repair or rehabilitation would not preclude the structure's continued <br />designation as a historic structure, and the variance is the minimum necessary to <br />preserve the historic character and design of the structure. <br />(8) Variances maybe issued for new construction, substantial improvements, and for other <br />development necessary for the conduct of a functionally dependent use if: <br />